EXECUTIVE POWER VESTED IN THE PRESIDENT
ARTICLE II, SECTION 1 of the Constitution.
APPOINTMENT AND REMOVAL POWERS OF THE PRESIDENT
Article II, Section 2, the President is empowered “with the advice and consent of the Senate” to appoint “all ambassadors, other public ministers and consuls, judges of SCOTUS, and all other officers of the US whose appointments are not herein otherwise provided for.
RECESS APPOINTMENTS
Gives the President the power to make appointments for vacancy w/out Senate approval during the Senate recess of “sufficient duration.”
- Senate is in recess only when it states it is in recess
- If the Senate does not declare arecess and holds pro forma sessions, the Senate is not in recess and the President has no power to make appointments w/out Senate approval.
PARDONS
The President is empowered by Article II, Section 2, “to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
- This power has been held to apply before, during, after trial and to extend to the offense of criminal contempt but not to civil contempt.
- CANNOT be limited by Congress, and includes power to commute a sentence on any conditions the President chooses, as long as tehy are not independnetly unconstitutional.
VETO POWER: Congress may override veto if
Every act of Congress must be approved by the President before taking effect, unless passed over his disapproval by two-thirds vote of each house.
